Welcome to an Engaged Community

There's a better way to personalize your website experience. With myConnection, the profile you create allows you to set up a unique starting point for the tasks and transactions that you want to complete in your time on this website. Use myConnection to gather the information that you most care about from across this website into one central location, giving you greater control over how you connect with your community.

A.Hold a public hearing and take action
on Zoning Board of Adjustments Application ZBA11-08 (Lieb),
a variance request to the requirement (Section 125-120.A.) that accessory
structures may not be constructed without an existing primary structure
[replacing an existing accessory structure], on approximately 1.7 acres zoned
“RSF-10” (Single-family residential with a minimum lot size of 10,000 square
feet), legally described as Reserves B and C of the Louisiana Plantation Acres
Subdivision, generally located south of Webster Street and east of Louisiana
Avenue, with the approximate address being 820 Louisiana Avenue.

B.Hold a public hearing and take action
on ZBA11-02 (1810 Cove Park), to determine whether a building or structure is a
dangerous building, and issue any order(s) determined necessary to address such
conditions per 22-331 et. seq. of the League City Code
of Ordinances on property legally described as Lot 3 of the Owen A. Smith
Unrecorded Subdivision in the J.G. Rost Survey,
Abstract 18, in League City, Galveston County, Texas.

C.Hold a public hearing and take action
on ZBA11-04 (820 Palomino), to determine whether a building or structure is a
dangerous building, and issue any order(s) determined necessary to address such
conditions per 22-331 et. seq. of the League City Code of Ordinances on
property legally described as a Tract 41, containing 1.35 acres, more or less,
located in and being out of the John Dickinson League Survey, Abstract No. 9,
Galveston County, Texas and being out of a 3.35 acre tract being more
particularly described by metes and bounds in deed recorded under Galveston
County Clerk’s File No. 8109742, save and except a 2.0 acres out of the 3.35
acre tract being more particularly described by metes and bounds in deed
recorded under Galveston County Clerk’s File No. 862221, a subdivision in
League City, Galveston County, Texas.

D.Hold a public hearing and take action
on ZBA11-05 (903 Florida Avenue), to determine whether a building or structure is a
dangerous building, and issue any order(s) determined necessary to address such
conditions per 22-331 et. seq. of the League City Code
of Ordinances on property legally described as Lots 11 and 12, Block 53 of the
Dickinson Townsite Subdivision, a subdivision in
League City, Galveston County, Texas.

E.Hold a public hearing and take action
on ZBA11-06 (Riviera Wall), to determine whether a building or structure is a
dangerous building, and issue any order(s) determined necessary to address such
conditions per 22-331 et. seq.
of the League City Code of Ordinances on property legally described as
Promenade Easement (Wall), of Riviera Subdivision, a subdivision in League
City, Galveston County, Texas, according to the map or plat thereof recorded in
Volume 18, Page 285, of the map records of Galveston County, Texas.

F.Hold a public hearing and take action
on ZBA11-07 (311 Perkins Avenue), to determine whether a building or structure is a
dangerous building, and issue any order(s) determined necessary to address such
conditions per 22-331 et. seq.
of the League City Code of Ordinances on property legally described as Lots 1
and 2, Block 1, of the Merchant’s Addition Subdivision, a subdivision in League
City, Galveston County, Texas, according to the map or plat thereof recorded in
Volume 238, Page 12 in the Office of the County Clerk of Galveston County,
Texas.

CERTIFICATE

THIS IS TO CERTIFY
THAT THE ABOVE NOTICE OF MEETING WAS POSTED ON THE BULLETIN BOARD AT CITY HALL
OF THE CITY OF LEAGUE CITY, TEXAS, BY THE 28TH DAY OF FEBRUARY, 2011 BY 6 PM,
AND WAS POSTED IN ACCORDANCE WITH CHAPTER 551, LOCAL GOVERNMENT CODE (THE TEXAS
OPEN MEETINGS ACT). ITEMS POSTED IN THE OPEN SESSION PORTIONS OF THIS
AGENDA MAY ALSO BE DISCUSSED IN CLOSED OR EXECUTIVE SESSION IN ACCORDANCE WITH
THE PROVISIONS OF THE TEXAS OPEN MEETINGS ACT. THE BOARD RESERVES THE RIGHT TO
HEAR ANY OF THE ABOVE DESCRIBED AGENDA ITEMS THAT QUALIFY FOR AN EXECUTIVE
SESSION, IN AN EXECUTIVE SESSION BY PUBLICLY ANNOUNCING THE APPLICABLE SECTION
NUMBER OF THE OPEN MEETINGS ACT, (CHAPTER 551 OF THE TEXAS GOVERNMENT CODE,
SPECIFICALLY INCLUDING CHAPTER 551.071 “CONSULTATION WITH ATTORNEY”), THAT
JUSTIFIES EXECUTIVE SESSION TREATMENT.

Page
4 of 4

City
of League City

Zoning
Board of Adjustments / Building Standards Commission

Regular
Session Agenda

March
3, 2011

6:00
PM

Council
Chambers, 200 West Walker Street

NOTICE IS HEREBY GIVEN THAT THE PRESENCE OF A QUORUM OF
THE MEMBERS OF CITY COUNCIL AT ANY TIME DURING THE COURSE OF THE
ABOVE-REFERENCED PROCEEDING MAY CONSTITUTE A MEETING OF CITY COUNCIL PURSUANT
TO THE TEXAS OPEN MEETINGS ACT, CHAPTER 551 OF THE TEXAS GOVERNMENT CODE.
BY THIS NOTICE, THE PUBLIC IS HEREBY ADVISED OF SAID MEETING NOT LESS THAN 72
HOURS IN ADVANCE OF THE DATE, TIME AND LOCATION NOTED ABOVE.

Mr. Bogus
made a motion to approve the minutes of January 06, 2011 with one noted
correction to the minutes.

Ms.
Beasley seconded the motion.

The
motion passed unanimously with a vote of 5-0-0.

III.Swearing
in of Witnesses

Mr. Christiansen swore
in the witnesses, stating this is a quasi-judicial board, which is being
recorded and therefore anybody that speaks should be aware it is considered
testimony. Any appeal of the decision by the Board of Adjustment must be
filed with the Court of Competent Jurisdiction within 10 days of the date of
the decision rendered by this board.

IV.Public
Hearings and Action Items from Public Hearings

A.Hold a public hearing and take
action on Zoning Board of Adjustments Application ZBA11-08 (Lieb),
a variance request to the requirement (Section 125-120.A.) that accessory
structures may not be constructed without an existing primary structure
[replacing an existing accessory structure], on approximately 1.7 acres zoned
“RSF-10” (Single-family residential with a minimum lot size of 10,000 square
feet), legally described as Reserves B and C of the Louisiana Plantation Acres
Subdivision, generally located south of Webster Street and east of Louisiana
Avenue, with the approximate address being 820 Louisiana Avenue.

Mr.
Linenschmidt, Senior Planner, restated the staff report for this item and
reviewed all eight tests within the staff report for the Commissioner’s
consideration. He further added that should the request be approved,
staff recommends the following conditions:

The proposed building shall be constructed of the
size, shape and location as is attached to the staff report.

A demolition permit must be issued for the existing
structure at the same time the building permit for the proposed structure is
issued.

The proposed building shall be for storage only.

The Owner must contact the Building Department no more
than 14 days after the date of the final inspection, for an inspection
verifying that the existing structure was removed from the property and all
demolition requirements have been met.

Mr.
Christiansen opened the public portion of the hearing at 6:17 p.m.

David Lieb, property owner, came forwarded and reiterated his
request and gave a brief history of the property. He also presented two
additional letters of support to the Commission.

Mr.
Christiansen asked if there was anyone present from the public wishing to speak
on this item. With no one from the public present to speak on this item,
Mr. Christiansen closed the public portion of the hearing at 6:23 p.m. and
called for a motion.

Mr.
Bogus made a motion to approve ZBA11-08 (Lieb) with
the four conditions recommended by staff.

Ms.
Kosty seconded the motion.

No
discussion was held.

The
motion passed unanimously with a vote of 5-0-0.

B.Hold a public hearing and take
action on ZBA11-02 (1810 Cove Park), to determine whether a building or structure
is a dangerous building, and issue any order(s) determined necessary to address
such conditions per 22-331 et. seq. of the League City Code of Ordinances on
property legally described as Lot 3 of the Owen A. Smith Unrecorded Subdivision
in the J.G. Rost Survey, Abstract 18, in League City,
Galveston County, Texas.

Mr.
Christiansen read aloud the General Procedures and Instructions to Participants
for all Dangerous Building Hearings.

Oscar
Arevalo, Building Official, came forward and restated the staff report.

R.J. Davidson,
Inspector with the City, came forward and gave a history of the property and
presented photos of the property in its dilapidated condition.

Mr. Christiansen
opened the public portion of the hearing at 6:34 p.m. and asked if anyone was
present who is not an owner or lien holder and not directly interested in the
property. No one from the public came forward.

Mr.
Christiansen asked if the landowner or anyone with direct interest in the
property was present. Ms. SushimaBhateley, Owner of the property, came forward and gave a
timeline and explanation for the condition of the property. She explained
that she was in agreement that the structure needed to come down but had been
waiting for notice of eligibility from a housing grant program.

Mr.
Christiansen opened the floor for questioning by the City Attorney.

Mr.
Weathered asked Mr. Arevalo “In light of the testimony that you’ve just heard;
what is staff’s recommendation for proceeding in this matter?” Mr.
Arevalo responded “Staff’s recommendation is demolition”.

Mr.
Weathered asked Mr. Arevalo “What is the position of staff in setting a
compliance hearing within thirty days to allow the owner to demolish.”
Mr. Arevalo responded staff is in favor of allowing the thirty days.

Mr. Weathered asked if
when notice was sent to the owners and lien holders it was sent as reflected in
the County records, the appraisal district records and the City records.
Mr. Arevalo responded “yes, sir”.

Mr. Weathered asked if
notice was posted on the structure itself and in the newspaper. Mr.
Arevalo responded “that’s correct.”

Mr. Weathered asked if
it was of Mr. Arevalo’s opinion that the building has
been more than substantially damaged, meaning more than fifty
percent. Mr. Arevalo responded “that’s correct”.

Mr. Weathered asked if
it was of Mr. Arevalo’s opinion that the building
could not be rebuilt and the only satisfactory way of alleviating the dangerous
condition is demolition. Mr. Arevalo responded affirmatively.

A discussion was held
regarding the property lien holders. Mr. Weathered asked Ms. Bhateley if she was the sole owner of the property.
Ms. Bhateley responded “yes, sir”.

Mr. Christiansen asked
again if there was anyone present with a direct interest in the property who
would like to be heard. No one came forward.

The
Commission reviewed and discussed the Form Order contained in the
Commissioner’s packets.

Section
I – STRUCTURES/LOCATION

1810
Cove Park, League City, Texas 77573

Section
II – OWNER(S)/LIENHOLDER

Owner(s):
SushimaRaniBhateley

Lien
holders/Mortgagee(s): Bank of America, N.A

Nations Bank of Texas

Wells Fargo Home Mortgage, Inc.

Southwest Financial Services, Inc.

Appearance
for City: Oscar Arevalo, Building Official

R.J. Davidson, Inspector

Appearances
for Owners/Lien holders: None

Appearances
for Owner/Parties in Interest: None

Section
III – FINDINGS

The
order will reflect pursuant to the findings of the Commission that there are
violations of numbers 1-13.

Section
IV – ORDERS

1. Affirmative
Finding.

2. N/A

3. Affirmative
Finding: No later than April 04, 2011 removal of
all persons or property in reference to the Building.

4. Affirmative
Finding: That the Building shall be posted on or near the front
door as a dangerous building with the “DO NOT ENTER” notice in accordance with
and contained in Section 22-342 of the City of League City Code of
Ordinance:

5. Affirmative
Finding: No later than April 04, 2011 complete the demolitionof the building as determined above.

6.
N/A

7.
N/A

8.
N/A

9.
(Compliance Hearing) Appear at the ___April 07, 2011__Meeting of the
Commission to present a status report on the case. Owner shall provide
city staff a status report at least 3 business days prior to this meeting.

10. N/A

11. N/A

Section
V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

1.N/A

2. Affirmative
Finding:The Owner has demonstrated an inability to complete the
repair/demolition of the Building and failed to make extremely needed urgent
repairs. The Building is inhabitable and unsafe. Repairs are not
feasible and the conduct of the Owner demonstrates that the subject repairs
cannot and would not be completed in a timely manner to avoid further danger to
the City and others concerned:

SECTION
VI - COMPLIANCE:

Compliance
Order

With no
further discussion, Mr. Christiansen called for a motion.

Ms. Beasley
made a motion to accept the compliance orders as discussed.

Ms.
Kosty seconded the motion.

No
discussion was held.

The
motion passed unanimously with a vote of 5-0-0.

The
Board recessed from 6:51 p.m. until 7:01 p.m.

Page
2 of 4

City
of League City

Zoning
Board of Adjustments / Building Standards Commission

Regular
Session Agenda

March
3, 2011

6:00
PM

Council
Chambers, 200 West Walker Street

C.Hold a public hearing and take
action on ZBA11-04 (820 Palomino), to determine whether a building or structure
is a dangerous building, and issue any order(s) determined necessary to address
such conditions per 22-331 et. seq. of the League City Code of Ordinances on
property legally described as a Tract 41, containing 1.35 acres, more or less,
located in and being out of the John Dickinson League Survey, Abstract No. 9,
Galveston County, Texas and being out of a 3.35 acre tract being more
particularly described by metes and bounds in deed recorded under Galveston
County Clerk’s File No. 8109742, save and except a 2.0 acres out of the 3.35
acre tract being more particularly described by metes and bounds in deed
recorded under Galveston County Clerk’s File No. 862221, a subdivision in
League City, Galveston County, Texas.

Mr. Weathered asked if
notice was sent pursuant to the research in the County records, the appraisal
district records and the City records to every owner and lien holder by name
and address. Mr. Davidson responded “yes, sir.”

Mr. Weathered asked if
notice was published in the newspaper and if the property was physically
posted. Mr. Davidson responded “yes, sir.”

Mr. Weathered asked if
Mr. Davidson received, as a result of his notification, a contact from Ms. Robbert’s ex-husband. Mr. Davidson responded “yes,
sir.”

Mr. Weathered asked
“you never received any notification from Ms. Robberts
although (Mr. Robberts) stated he would contact her,
is that correct?” Mr. Davidson responded “yes, sir. He said he
would do his best to get in touch with her and let her know the situation.”

Mr. Weathered asked
how long the conditions displayed in Mr. Davidson’s presentation existed.
Mr. Davidson responded according Code Enforcement and Building Department files
at least two years that they are aware of. He said he believed overgrown
landscaping in front of the property was initially how Code Enforcement became
involved and upon further investigation they found the house.

Mr. Weathered asked if
the structure is capable of being secured. Mr. Davidson responded “yes,
sir. In its nature of where it is, it is secured; it is bound by fence on
all four sides.”

Mr. Christiansen asked
if the building owner was present. No one came forward.

Mr. Christiansen asked
again if there was anyone present with a direct interest in the property who
would like to be heard. No one came forward.

The
Commission reviewed and discussed the Form Order contained in the
Commissioner’s packets.

Section
I – STRUCTURES/LOCATION

820
Palomino Ln., League City, Texas 77573

Section
II – OWNER(S)/LIENHOLDER

Owner(s):
Eric Fox and Wife, Melissa A. Fox (Robberts)

Lien
holders/Mortgagee(s): There are no lien holders/Mortgagees

Appearance
for City: Oscar Arevalo, Building Official

R.J. Davidson, Inspector

Appearances
for Owners/Lien holders: None

Appearances
for Owner/Parties in Interest: None

Section
III – FINDINGS

The order
will reflect pursuant to the findings of the Commission that there are
violations of numbers 1-9 and 11-12.

Section
IV – ORDERS

1. N/A

2. N/A

3. Affirmative
Finding: No later than April 04, 2011 removal of
all persons or property in reference to the Building.

4. Affirmative
Finding: That the Building shall be posted on or near the front
door as a dangerous building with the “DO NOT ENTER” notice in accordance with
and contained in Section 22-342 of the City of League City Code of
Ordinance:

5. Affirmative
Finding: No later than April 04, 2011 complete the demolitionof the building as determined above.

6.
N/A

7.
N/A

8.
N/A

9.
N/A

10. N/A

11. N/A

Section
V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

1.N/A

2. Affirmative
Finding:The Owner has demonstrated an inability to complete the
repair/demolition of the Building and failed to make extremely needed urgent
repairs. The Building is inhabitable and unsafe. Repairs are not
feasible and the conduct of the Owner demonstrates that the subject repairs
cannot and would not be completed in a timely manner to avoid further danger to
the City and others concerned:

SECTION
VI - COMPLIANCE:

Final
Order

With no
further discussion, Mr. Christiansen called for a motion.

Mr.
Bogus made a motion to accept the orders as discussed.

Ms.
Kosty seconded the motion.

No
discussion was held.

The
motion passed unanimously with a vote of 5-0-0.

D.Hold a public hearing and take
action on ZBA11-05 (903 Florida Avenue), to determine whether a building or
structure is a dangerous building, and issue any order(s) determined necessary
to address such conditions per 22-331 et. seq. of the
League City Code of Ordinances on property legally described as Lots 11 and 12,
Block 53 of the Dickinson Townsite Subdivision, a
subdivision in League City, Galveston County, Texas.

Mr. Arevalo
restated the staff report for this item and explained that the building had
suffered damage due to a fire and upon inspection the building was determined
to be a dangerous building.

R.J.
Davidson, Inspector with the City, came forward and gave a history of the
property and presented photos of the property in its dilapidated condition.

Mr. Christiansen asked
if anyone was present who wished to speak who is not an owner or lien holder
and not directly interested in the property. No one from the public
came forward.

Mr.
Christiansen asked if anyone with direct interest in the property was
present. No one from the public came forward.

Mr.
Christiansen opened the floor for questioning by the City Attorney.

Mr. Weathered asked if
notice was sent pursuant to the City code which includes posting the property,
posting a publication in the newspaper and filed in the County records.
Mr. Davidson responded “yes, sir.”

Mr.
Weathered asked Mr. Davidson to elaborate on the condition of the building as
well as staff’s opinion on whether or not the building can be repaired or if it
is a situation that requires demolition.

Mr.
Davidson responded “staff’s recommendation is going to be demolition.” He
explained that although there has not been further investigation into the
interior of the house he was able to see from the outside structure that some
of the main key points of stress had been weakened. Mr. Weathered asked
if the house was built on a slab or if it was pier and beam. Mr. Davidson
clarified it was pier and beam.

Mr.
Weathered asked if it was Mr. Davidson’s testimony that the structure suffered
more than fifty percent damage. Mr. Davidson responded “yes, sir.”

Mr.
Weathered asked if there were any signs the building had been occupied at the
time the notice was posted. Mr. Davidson responded “no, sir.”

Mr.
Weathered stated he noticed from the photos that the plywood was down and asked
if it fell down or if had been taken down by someone to gain access into the
building. Mr. Davidson responded that it would not have had to be taken
down to gain access as the building is accessible through the front door, the
back door and through several broken windows. Mr. Weathered asked “so
it’s completely open?” Mr. Davidson responded “yes, sir.”

Mr.
Weathered asked if in Mr. Davidson’s opinion it constitutes a danger to
children being able to enter. Mr. Davidson responded “yes, sir; one
hundred percent.”

Mr.
Weathered asked Mr. Davidson if there was a nuisance situation over and above
the dangerous structure as photos reflect debris within the surrounding
area. Mr. Davidson responded affirmatively.

Mr.
Weathered asked Mr. Davidson if he had knowledge of from the City records when
the utilities had been disconnected. Mr. Davidson responded that Oscar
Arevalo oversees the removal of utilities.

Mr.
Weathered asked Mr. Davidson if he was offering the PowerPoint presentation,
the inspection report and the staff report as evidence. Mr. Davidson
responded “yes, sir.” Mr. Weathered asked if Mr. Davidson had any other
evidence he wished to submit to the Commission. Mr. Davidson responded
“no, sir.”

Mr. Christiansen asked
again if there was anyone present with a direct interest in the property who
would like to be heard. No one came forward.

The
Commission reviewed and discussed the Form Order contained in the
Commissioner’s packets.

Section
I – STRUCTURES/LOCATION

903
Florida Ave., League City, Texas 77573

Section
II – OWNER(S)/LIENHOLDER

Owner(s):
Olshan House Moving Company; and Laura D. Belle

J.W. Peoples

Lien
holders/Mortgagee(s): There are no lien holders/Mortgagees

Appearance
for City: Oscar Arevalo, Building Official

R.J. Davidson, Inspector

Appearances
for Owners/Lien holders: None

Appearances
for Owner/Parties in Interest: None

Section
III – FINDINGS

The
order will reflect pursuant to the findings of the Commission that there are
violations of numbers 1-9 and 11-12.

Section
IV – ORDERS

1. Affirmative
Finding.

2. Affirmative
Finding: No later than immediately secure the
building and property from unlawful entry and to constantly monitor the
structure to ensure that it is kept secured.

3. Affirmative
Finding: No later than immediately removal of all
persons or property in reference to the Building.

4. Affirmative
Finding: That the Building shall be posted on or near the front
door as a dangerous building with the “DO NOT ENTER” notice in accordance with
and contained in Section 22-342 of the City of League City Code of
Ordinance:

5. Affirmative
Finding: No later than April 04, 2011 complete the demolitionof the building as determined above.

6.
N/A

7.
No later than April 04, 2011eliminate conditions caused by
accumulations of refuse, vegetation, or other matter that creates breeding and
living places for insects and rodents.

8.
N/A

9.
N/A

10. N/A

11. N/A

Section
V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

1.N/A

2. Affirmative
Finding:The Owner has demonstrated an inability to complete the
repair/demolition of the Building and failed to make extremely needed urgent
repairs. The Building is inhabitable and unsafe. Repairs are not
feasible and the conduct of the Owner demonstrates that the subject repairs
cannot and would not be completed in a timely manner to avoid further danger to
the City and others concerned:

SECTION
VI - COMPLIANCE:

Final
Order

With no
further discussion, Mr. Christiansen called for a motion.

Ms.
Beasley made a motion to accept the orders as discussed.

Mr.
Stephenson seconded the motion.

No
discussion was held.

The
motion passed unanimously with a vote of 5-0-0.

E.Hold a public hearing and take
action on ZBA11-06 (Riviera Wall), to determine whether a building or structure
is a dangerous building, and issue any order(s) determined necessary to address
such conditions per 22-331 et. seq.
of the League City Code of Ordinances on property legally described as
Promenade Easement (Wall), of Riviera Subdivision, a subdivision in League
City, Galveston County, Texas, according to the map or plat thereof recorded in
Volume 18, Page 285, of the map records of Galveston County, Texas.

R.J.
Davidson, Inspector with the City, came forward and presented photos of the
wall and the surrounding property.

Mr. Christiansen asked
if anyone was present who wished to speak who is not an owner or lien holder
and not directly interested in the property. No one from the public
came forward.

Mr.
Christiansen asked if anyone with direct interest in the property was
present. Mark Courtois, attorney
representing the Riviera HOA, came forward to discuss ownership responsibility
of the wall and the structural issues presented by city staff. Tyson Cox
representing Cox Engineering Service also came forward and gave his view of
staff’s issues regarding the wall.

Lynn
Clements, homeowner at 1625 Corniche, offered to the
Commission a rending of the construction of the wall that she had previously
received in an HOA packet.

Ms. Kosty
made a motion to enter into executive session for discussion.

Mr. Bogus
seconded the motion.

Mr.
Weathered noted that Section 551.071 of the Texas Government Code allows for a
governmental body to go into executive session to receive legal advice only and
does not allow for the discussion of policy issues.

The Commission entered into executive
session at 8:42 p.m. and reconvened in open session at 9:03 p.m.

James
Young, attorney representing South Shore Harbour CMA
(Commercial Maintenance Association) came forward and presented their position
regarding ownership responsibilities of the wall.

Mr. Christiansen opened the floor for
questioning by the City Attorney.

Mr. Weathered asked if the documentation Mr. Courtois presented was to be submitted for evidence.
Mr. Courtois responded “yes, sir.” Mr.
Weathered verified that Mr. Young had not submitted documentation for evidence.

Mr. Weathered asked if
notice was sent pursuant to the City code which includes notice sent to the
named owners and addressees of the deed records, the city records and the
appraisal district records, as well as posting a publication in the newspaper,
and the wall. Mr. Arevalo responded “yes, sir.”

Mr. Weathered asked if
it was of Mr. Arevalo’s opinion, after hearing the
testimony, that numbers 2 and 3 of the city code had been violated. Mr.
Arevalo responded “yes, sir.”

Mr. Weathered asked
Mr. Arevalo if after hearing the testimony he considered the wall to be a
danger to the residents and citizens of the City of League City. Mr.
Arevalo responded “yes, sir.” Mr. Weathered asked what action Mr. Arevalo
was requesting. Mr. Arevalo stated he would like repair to be done to the
wall along with an Engineer structural integrity report to make sure it is
structurally sound.

Mr. Weathered asked if
Mr. Arevalo had received a document with the scope of repairs. Mr.
Arevalo replied he had not. Mr. Weathered asked if such a document would
be valuable for proceeding and evaluating the situation. Mr. Arevalo
responded affirmatively.

Mr. Weathered asked
Mr. Arevalo if he was submitting for evidence the copy of his investigative
report, the PowerPoint presentation, and letter from the City Engineer.
Mr. Arevalo responded “yes, sir.”

Mr. Weathered asked
Mr. Arevalo if it would be valuable to him in proceeding further if he was
provided with more information from the parties and their engineers. Mr.
Arevalo responded affirmatively.

Mr. Weathered asked
Mr. Arevalo if he was able to make a recommendation on an action regarding the
safety of the public before receiving adequate documentation. Mr. Arevalo
explained it may be necessary secure access to the area.

Mr. Christiansen asked
again if there was anyone present with a direct interest in the property who
would like to be heard. No one came forward.

The Commission reviewed and discussed the Form Order contained in the
Commissioner’s packets.

Appearances
for Owner/Parties in Interest: James Young, Attorney for CMA

Mark Courtois

Lynn Clements

Tyson Cox, P.E.

Section
III – FINDINGS

The
order will reflect pursuant to the findings of the Commission that there are
violations of numbers 2-3.

Section
IV – ORDERS

1. Affirmative
Finding: Allow City staff to enter onto the property where the
Building is situated to remove persons or property and make interior as well as
exterior inspections of the building immediately and continuously on an as
needed basis commensurate with this order.

2. Affirmative
Finding: No later than March 18, 2011 secure the
Promenade and adjacent Sidewalk Area from unlawful entry and to constantly
monitor the Promenade to ensure that it is kept secured.

3. Affirmative
Finding: No later than TBD make all repairs
necessary to the Building (Barrier Wall) for full compliance with all city
building code requirements and related ordinances. Owner shall maintain
subject Building after required repairs.

4. Affirmative
Finding: That the Building shall be posted on March 18,
2011 on or near the promenade as a dangerous building with the “DO NOT
ENTER” notice in accordance with and contained in Section 22-342 of the City of
League City Code of Ordinance.

5. Affirmative
Finding: No later than TBD complete the repair(s);
and/or demolition.

6.
N/A

7.
N/A

8.
N/A

9. Affirmative
Finding:(Compliance Hearing) Appear at the April 07, 2011
meeting of the Commission to present a status report on the case. Parties
shall provide city staff a status report at least 3 business days prior to this
meeting.

10. Affirmative
Finding:(Additional Conditions).1.) Scope and time
report 2.) Existing drawings to City. To
be submitted by April 04, 2011.

11. N/A

Section
V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

1.N/A

2.
N/A

SECTION
VI - COMPLIANCE:

Compliance
Order

With no
further discussion, Mr. Christiansen called for a motion.

Ms.
Beasley made a motion to accept the orders as discussed.

Ms.
Kosty seconded the motion.

No
discussion was held.

The
motion passed unanimously with a vote of 5-0-0.

F.Hold a public hearing and take
action on ZBA11-07 (311 Perkins Avenue), to determine whether a building or
structure is a dangerous building, and issue any order(s) determined necessary
to address such conditions per 22-331 et. seq. of the
League City Code of Ordinances on property legally described as Lots 1 and 2,
Block 1, of the Merchant’s Addition Subdivision, a subdivision in League City,
Galveston County, Texas, according to the map or plat thereof recorded in
Volume 238, Page 12 in the Office of the County Clerk of Galveston County,
Texas.

Mr. Christiansen asked
if anyone was present who wished to speak who is not an owner or lien holder
and not directly interested in the property. No one from the public
came forward.

Mr. Christiansen asked
if anyone with direct interest in the property was present. Brent Lovett,
property owner came forward and shared his position on the status of the
property. Mr. Lovett requested a prioritized list of required
corrections.

Mr. Christiansen opened the floor to the City
Attorney. Mr. Weathered reviewed the orders with the Commission.

Section
I – STRUCTURES/LOCATION

311 Perkins,
League City, Texas 77573

Section
II – OWNER(S)/LIENHOLDER

Owner(s):
Brent Lovett

Appearance
for City: Oscar Arevalo, Building Official

R.J. Davidson, Inspector

Appearances
for Owners/Lien holders: None

Appearances
for Owner/Parties in Interest: None

Section
III – FINDINGS

The
order will reflect pursuant to the findings of the Commission that there are
violations of numbers 1-13.

Section
IV – ORDERS

1. Affirmative
Finding.

2. N/A

3. N/A

4. N/A

5. Affirmative
Finding: No later than TBD complete the repair(s);
and/or demolition.

6.
N/A

7.
N/A

8.
N/A

9. Affirmative
Finding:(Compliance Hearing) Appear at the April 07, 2011
meeting of the Commission to present a status report on the case. Owner
shall provide city staff a status report at least 3 business days prior to this
meeting.

10. Affirmative
Finding:(Additional Conditions).City staff is to
provide a written prioritized list of corrections after gaining access to
property to inspect.

11. N/A

Section
V – SPECIAL ADDITIONAL FINDINGS FOR DEMOLITION IF APPLICABLE

1.N/A

2.
N/A

SECTION
VI - COMPLIANCE:

Compliance
Order

With no
further discussion, Mr. Christiansen called for a motion.

Ms.
Kosty made a motion to accept the orders as discussed with the condition that
City staff provide Mr. Lovett with a written
prioritized list of corrections.

Mr.
Bogus seconded the motion.

Mr.
Weathered asked for clarification on Articles III and IV of the orders.
He further asked the Commission if staff determines there has been compliance
would a compliance statement from staff suffice or would the property owner
need to appear for a compliance hearing. The Commission agreed a
compliance statement of staff would suffice.

Ms.
Kosty amended her motion to accept the orders as discussed including the
written prioritized list of corrections and an agreement to accept a compliance
statement from staff.

The
motion passed unanimously with a vote of 5-0-0.

With no further
discussion, Mr. Christiansen closed the public portion of the meeting at 10:42
p.m.

V.Adjournment

Ms.
Kosty made a motion to adjourn the meeting.

Ms.
Beasley seconded the motion.

Mr. Christiansen
adjourned the meeting at 10:42 p.m.

___________________________________
______________________________

Mark
Linenschmidt
James
Christiansen,

Senior
Planner
Chair,
Zoning Board of Adjustment

Date minutes approved:
___________________

City of League City
300 W. Walker
League City, TX 77573
Ph: 281-554-1000